Terms and Conditions

1. Agreement to Terms

By accessing or using Botanical Brew's website, services, or products, you enter into a legally binding agreement with us. This agreement includes:

• These Terms and Conditions
• Our Privacy Policy
• Our Cookie Policy
• Any additional terms presented at the point of purchase or service enrollment

If you do not agree with any part of these terms, you must discontinue use of our services immediately. Continued use following any modifications to these terms constitutes acceptance of those changes.

You represent and warrant that you have the legal capacity to enter into this agreement and that you are not prohibited by law from accessing or using our services.

2. User Obligations and Conduct Requirements

General Conduct

As a user of our services, you agree to:

• Provide truthful, accurate, and complete information when requested
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes and in accordance with these terms
• Respect the intellectual property rights of Botanical Brew and third parties
• Refrain from interfering with or disrupting our services or servers
• Notify us promptly of any unauthorized use of your account

Prohibited Conduct

You explicitly agree not to engage in any of the following prohibited activities:

• Violating any applicable local, state, national, or international law or regulation
• Infringing upon the intellectual property rights of others
• Transmitting unsolicited advertising, spam, or promotional materials
• Engaging in fraudulent activities or misrepresentation
• Attempting to gain unauthorized access to systems or user data
• Introducing viruses, malware, or other harmful code
• Harassing, threatening, or intimidating other users or staff
• Impersonating any person or entity or falsely stating affiliations
• Collecting or storing personal data about other users without consent
• Using automated systems to access services without authorization

Content Guidelines

When submitting content to our platform, you must ensure it:

• Does not contain false, misleading, or defamatory statements
• Does not violate privacy rights or publicity rights of others
• Does not contain obscene, offensive, or inappropriate material
• Complies with all applicable content regulations and guidelines

3. User Responsibilities

Compliance with Laws

You are solely responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards in your jurisdiction. This includes but is not limited to:

• Import and customs regulations for botanical products
• Local health and safety requirements
• Consumer protection laws
• Data protection and privacy regulations

Indemnification Obligations

You agree to defend, indemnify, and hold harmless Botanical Brew, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms and Conditions
• Your use or misuse of our services
• Your breach of any representation or warranty contained herein
• Your violation of any rights of a third party
• Any content you submit or transmit through our services

5. Limitation of Liability

Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOTANICAL BREW, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• LOSS OF BUSINESS OPPORTUNITIES
• PERSONAL INJURY OR PROPERTY DAMAGE
• DAMAGES ARISING FROM RELIANCE ON INFORMATION PROVIDED

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise.

Aggregate Liability Cap

Our total aggregate liability to you for all claims arising from or related to your use of our services shall not exceed the greater of:

• The total amount paid by you to Botanical Brew in the twelve months preceding the claim, or
• One hundred US dollars (USD 100)

Essential Purpose

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

6. Third-Party Interactions

Third-Party Links and Content

Our services may contain links to third-party websites, services, or content. We do not endorse or assume responsibility for:

• The accuracy or reliability of third-party content
• Privacy practices of external websites
• Products or services offered by third parties
• Any loss or damage resulting from third-party interactions

External Service Providers

We may use third-party service providers for payment processing, shipping, and other services. Your interactions with these providers are governed by their respective terms and policies, not ours.

User Relationships

Any disputes or issues arising between you and other users, or between you and third parties, are solely your responsibility. We are not obligated to mediate or resolve such disputes.

7. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather events
• War, terrorism, civil unrest, or government actions
• Labor disputes, strikes, or lockouts
• Pandemics, epidemics, or public health emergencies
• Internet or telecommunications failures
• Supply chain disruptions affecting botanical sourcing
• Regulatory changes affecting product availability

In such events, our obligations shall be suspended for the duration of the force majeure circumstance, and we will make reasonable efforts to resume normal operations as soon as practicable.

8. Termination and Suspension

Our Rights to Terminate

We reserve the right to suspend or terminate your access to our services, with or without notice, for any reason including but not limited to:

• Violation of these Terms and Conditions
• Fraudulent, abusive, or illegal activity
• Requests from law enforcement or government agencies
• Extended periods of inactivity
• Technical or security concerns

Your Right to Terminate

You may terminate your relationship with us at any time by:

• Discontinuing use of our services
• Canceling any active subscriptions
• Requesting account closure through our contact channels

Effect of Termination

Upon termination:

• Your right to access and use our services immediately ceases
• Provisions that by their nature should survive termination shall remain in effect
• Outstanding financial obligations remain due and payable
• We may delete your account data in accordance with our data retention policies

9. Governing Law and Jurisdiction

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any disputes arising from these Terms shall be resolved according to the following process:

• Initial good faith attempt to resolve disputes through direct communication
• Mediation if informal resolution proves unsuccessful
• Binding arbitration or litigation in courts of competent jurisdiction as applicable

Jurisdiction and Venue

You agree to submit to the personal jurisdiction of the courts located within the applicable jurisdiction for the purpose of litigating all such claims or disputes.

10. General Legal Provisions

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Botanical Brew regarding your use of our services and supersede all prior or contemporaneous understandings and agreements.

No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Botanical Brew.

Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction.

Headings

Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision.

Modification of Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through website notices or email notifications. Your continued use of our services after such modifications constitutes acceptance of the revised Terms.